ON PUBLIC DANGER AS A FACTOR OF CRIMINALIZATION (DECRIMINALIZATION) OF VIOLATION OF THE ESTABLISHED RULES OF CIRCULATION OF NARCOTIC DRUGS

Authors

  • Viktoriia Lisniak Krynychky District Court of Dnipropetrovsk Oblast

DOI:

https://doi.org/10.36690/2674-5216-2020-3-119

Keywords:

public danger, crime, social conditionality, criminalization (decriminalization) of an act, factors of criminalization, circulation of narcotic drugs, narcotic drugs, psychotropic substances and their analogues, precursors

Abstract

The article examines the problem of social conditionality of criminal legal prohibition. The phenomenon of public danger is analyzed as a factor of criminalization (decriminalization) of violation of the established rules of circulation of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances. The aim of the article: to establish the existence or lack of social conditionality of criminal liability for the violation of established rules of circulation of narcotic drugs, psychotropic substances, their analogues or precursors through the perception of the phenomenon of public danger as a factor of criminalization (decriminalization) of certain acts. The research methodology: historical and legal, systemic, dogmatic, hermeneutic ones. The debatable provisions of this issue are considered, the author’s critical considerations are stated. The scientific position of Ukrainian criminologists is supported, according to which the feature "public danger" of an act should not be applied in the legislative definition of a crime. However, this does not mean that the legislator should be deprived of the need to take into account the public danger (or lack thereof) of certain actions in the process of resolving the issue of their criminalization (decriminalization). The expediency of editorial adjustment of Part 1 of Art. 320 of the Criminal Code of Ukraine has been substantiated. The criminal consequence, which is planned to express significant harm, should be the shortage of narcotic drugs, psychotropic substances, their analogues or precursors on a large scale.

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Author Biography

Viktoriia Lisniak, Krynychky District Court of Dnipropetrovsk Oblast

Judge, Krynychky District Court of Dnipropetrovsk Oblast, Krynychky, Dnipropetrovsk Oblast, Ukraine, e-mail: inbox@kn.dp.court.gov.ua

References

Navrotskyi, V. (2013), Ukrainian criminal law. General part, Yurinkom Inter, Kyiv, 712 p.

Shemshuchenko, Yu. and other (2001), Juridical Encyclopaedia: in 6 v., Ukraine Encycl., Kyiv, 392 p.

Tatsii, V. Borysov, V. and other (2017), “Big Ukrainian Legal Encyclopaedia: in 20 v. V. 17”, Criminal law, National Academy Legal Sciences of Ukraine; V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine; Yaroslav Mudryi National Law University, Pravo, Kharkiv, 459 p.

Balobanova, D. (2007), “Theory of criminalization”, PhD thesis, Law, Odesa, 208 p.

Zhunusov, B. (1994), Problems of criminal policy (criminal legal and criminal executive), Almaty, 46 p.

Korobeev, А. (1987), Soviet criminal legal policy: problems of criminalization and penalization, Publishing office of the Far Eastern University, Vladivostok, 269 p.

Pashchenko, О. (2018), Social conditionality of the law on criminal liability, Yurait, Kharkiv, 446 p.

Azarov, D. (2015), “Social danger of crime and analogy of criminal law (retrospective view in the XIX – XX centuries)”, Scientific notes of the National University of "Kyiv-Mohyla Academy". Legal sciences, volume 168, pp. 139-145.

Azarov, D. (2019), “Understanding the public danger of crime (according to the results of a sociological experiment)”, Scientific notes of the National University of "Kyiv-Mohyla Academy", Legal sciences, volume 3. P. 3 – 18.

The Verkhovna Rada of Ukraine (2001), The Law of Ukraine “Criminal Code of Ukraine”. URL: https://newcriminalcode.org.ua/upload/media/2020/09/16/1-kontrolnyj-proekt-kk-15-09-2020.pdf.

Shablystyi, V. (2016), “Theoretical and applied principles of criminal legal ensuring human security in Ukraine”, abstract of thesis to obtain the scientific degree of Doctor of Juridical Sciences, Kharkiv, 36 p.

Baulin, Yu. Borysov, B. Tiutiuhin, V. and others (2013), Criminal Code of Ukraine. Scientific and practical commentary: in 2 v., Pravo, Kharkiv, 1040 p.

Lemekha, R. (2017), “The concept of substantial harm under the criminal law of Ukraine”, PhD thesis, Law, Lviv, 196 p.

Lemekha, R. (2017), “The concept of substantial harm under the criminal law of Ukraine”, abstract of PhD dissertation, Law, Lviv, 18 p.

Sabitov, R. (1980), Public danger as a criterion for criminalization. Actual problems of criminalization and decriminalization of socially dangerous acts: collection of research papers, Research and publishing department of Omsk Higher School of Police of the MIA USSR, Оmsk, pp. 23–36.

Muzyka, А. (1998), Liability for crimes in the field of circulation of narcotic drugs, Lohos, Kyiv, 324 p.

Zelinskii, А. (1966), “Significance of criminal law norms for the prevention of crime”, abstract of PhD, dissertation, Law, Moscow, 19 p.

Sarkisova, E. (1975), Criminal legal means of crime prevention, Science and technology, Minsk, 192 p.

Additional Files

Published

2020-10-01

How to Cite

Lisniak, V. (2020). ON PUBLIC DANGER AS A FACTOR OF CRIMINALIZATION (DECRIMINALIZATION) OF VIOLATION OF THE ESTABLISHED RULES OF CIRCULATION OF NARCOTIC DRUGS. Public Administration and Law Review, (3), 119–127. https://doi.org/10.36690/2674-5216-2020-3-119

Issue

Section

CHAPTER 2. LEGAL RELATIONS: FROM THEORY TO PRACTICE